How much does an expungement cost in Louisiana

⚖️ Overview

Understanding the cost of an expungement in Louisiana is essential before beginning the process. Under Louisiana Code of Criminal Procedure Article 983, the total cost to obtain an expungement order shall not exceed $550. This cap applies to all processing fees combined, but there are important exceptions, reduced fees for certain offenses, and fee waiver options for qualified individuals.

The fees are collected by the clerk of court at the time the motion is filed. These fees cover the administrative costs of processing the expungement across multiple government agencies, including the Louisiana Bureau of Criminal Identification and Information, the sheriff’s office, the district attorney’s office, and the clerk of court itself.

💰 How Much Does an Expungement Cost in Louisiana

The standard cost for an expungement in Louisiana is $550 total. This is the maximum amount that can be charged under state law. The $550 cap applies regardless of the type of offense being expunged, whether it is a misdemeanor, felony, or arrest without conviction.

It is important to note that while the law sets a maximum of $550, some parishes may charge less than this amount. However, most parishes charge the full $550 because each agency’s fee is fixed by statute, and the clerk of court typically charges the maximum allowable $200.

📊 Detailed Fee Breakdown

Each of the four agencies involved in the expungement process charges a specific fee for processing the expungement request. These fees are set by law and are collected upfront by the clerk of court.

1. Louisiana Bureau of Criminal Identification and Information (LBCII) – $250

The LBCII is the state agency responsible for maintaining criminal history records. This fee covers the cost of searching for the records, processing the expungement request, and updating the statewide criminal database to reflect that the record is no longer public. The LBCII also notifies the FBI of the expungement, as federal records may also be affected.

2. Sheriff’s Office – $50

The sheriff’s office in the parish where the arrest occurred maintains local arrest records and booking information. This fee covers the cost of locating and removing or sealing the records in the sheriff’s database. The sheriff’s office must also confirm compliance with the expungement order.

3. District Attorney’s Office – $50

The district attorney’s office is the prosecuting authority that handled the case. This fee covers the cost of reviewing the motion, verifying eligibility, and either consenting to or objecting to the expungement. The DA’s office must certify certain eligibility requirements, particularly for felony and misdemeanor conviction expungements.

4. Clerk of Court – Up to $200

The clerk of court is responsible for filing the motion, assigning a case number, scheduling hearings, distributing the order to all agencies, and maintaining court records. The clerk charges up to $200 for these administrative services. The actual amount may vary by parish, but most charge the full $200.

🔽 Reduced Fees and Special Provisions

First Offense Marijuana Possession – $300

Louisiana has a special reduced fee provision for first-offense possession of marijuana misdemeanor convictions. The total cost for this expungement is $300, broken down as follows:

• LBCII: $50 (reduced from $250)
• Sheriff: $50
• District Attorney: $50
• Clerk of Court: $150 (reduced from $200)

Multiple Offenses from Same Arrest – One Fee

If an expungement includes two or more offenses arising out of the same arrest—whether misdemeanors, felonies, or both—the applicant is required to pay only one fee. This means that instead of paying $550 per offense, the applicant pays a single $550 fee that covers all offenses from that arrest.

This provision is particularly valuable for individuals who were arrested on multiple charges that were dismissed or for which they were acquitted. However, all offenses must arise from the same arrest incident to qualify for this single-fee benefit.

🆓 Fee Waivers and Exemptions

Louisiana law provides several categories of individuals who are exempt from paying expungement fees. These exemptions are automatic if the applicant qualifies under the specific criteria.

No Fees Required (Arrests Only)

An applicant is not required to pay any fees if the district attorney certifies that the applicant has no felony convictions and no pending felony charges, AND one of the following applies:

• The applicant was acquitted after trial.
• The district attorney consents to the dismissal and the case was dismissed, unless the applicant participated in a pretrial diversion program.
• The applicant was arrested and not prosecuted within the applicable statute of limitations, unless the applicant participated in a pretrial diversion program.
• The applicant was a victim of identity theft or similar crimes, as determined by the district attorney.

In these cases, the applicant pays $0 in processing fees.

Automatic Exemptions

The following individuals are automatically exempt from all expungement fees:

• Juveniles who have successfully completed a juvenile drug court program.
• Persons eligible for expedited expungement under the new 2024 law (individuals who were 17 at the time of arrest with no prosecution).
• Human trafficking victims with certification from the prosecuting authority.
• Persons determined factually innocent and entitled to compensation for wrongful conviction.
• Persons granted a pardon (other than a first offender pardon).

📋 In Forma Pauperis (IFP) Fee Waiver

If you cannot afford the expungement fees, you may apply to proceed in forma pauperis (IFP), which means “in the manner of a pauper.” This is a formal request to the court to waive the fees based on your financial circumstances.

How to Apply for IFP Status

1. Gather financial information: Collect documentation about your income, government benefits, monthly bills, and any property you own.
2. Find a third-party affiant: You need someone who is at least 18 years old who can swear under oath that they are familiar with your financial situation and can verify that you cannot afford the fees.
3. Have the IFP affidavit notarized: The affidavit must be signed before a notary public.
4. Attach the affidavit to your expungement motion: File the IFP affidavit along with your Motion for Expungement.

Presumptive Eligibility for IFP

The judge should presume you are eligible for IFP status if:

• You receive income-based government benefits such as SNAP (food stamps) or SSI (Supplemental Security Income).
• Your household income is below 125% of the Federal Poverty Level.

If the court grants your IFP request, you will not have to pay the expungement fees. However, you must still meet all eligibility requirements for the expungement itself.

📎 Additional Costs to Consider

Beyond the standard $550 processing fee, there may be additional costs associated with the expungement process:

Certified Copies

You will need certified copies of the expungement order for your records and to provide to agencies or employers if needed. Certified copies typically cost $5–$20 each, depending on the parish.

Record Retrieval Fees

Some parishes may charge fees to obtain copies of case records or minutes. These fees vary by parish and can range from $10 to $50 or more.

Attorney Fees

If you choose to hire an attorney to handle your expungement, attorney fees are in addition to the court processing fees. Attorney fees typically range from $500 to $2,500 or more, depending on the complexity of the case, the number of records involved, and the attorney’s experience.

Service of Process Fees

If you need to formally serve notice on agencies, there may be fees for service of process. These can range from $25 to $100 per agency, depending on the method of service.

Private Background Check Removal

After the expungement is granted, you may need to contact private background-check companies to request removal of outdated records. While many companies comply free of charge, some may charge a small fee for processing your request.

⚠️ Nonrefundable Fee Policy

One of the most important aspects of Louisiana expungement costs is that all fees are nonrefundable. As stated in Article 983, the fees “shall be nonrefundable and shall not be returned even if the court does not grant the motion for expungement.”

This nonrefundable policy makes it essential to:

• Confirm eligibility before filing any paperwork or paying any fees.
• Understand waiting periods and ensure they have been satisfied.
• Verify that no pending charges exist that would disqualify you.
• Ensure the offense is eligible and not one of the excluded categories.
• Check that you haven’t exceeded lifetime limits on expungements.

If you are uncertain about eligibility, consider consulting with an attorney or using free legal resources before paying fees.

📊 Cost Comparison by Case Type

📚 Resources for Fee Assistance

• Justice and Accountability Center of Louisiana (JAC): Offers workshops, events, and assistance with expungement. May help with IFP applications in certain parishes. Phone: 504-273-1091.
• LouisianaLawHelp.org: Provides free legal guides, eligibility information, and self-help expungement resources for Louisiana residents.
• “CLEAN JACKET” Mobile Application: Available for download to help determine eligibility and assist with the expungement process.
• Louisiana Bar Association Modest Means Directory: Search for low-cost private attorneys who may offer payment plans.
• In Forma Pauperis (IFP) Assistance: Use the Justice and Accountability IFP Affidavit Generator or the Fee Delayer App to prepare IFP affidavits.
• Local Clerk of Court Offices: Provide filing instructions, hearing schedules, and access to case records. Contact the appropriate court where the case was handled.
• New Orleans Courts: Criminal District Court (504-658-9049), Magistrate Court (504-658-9025), Traffic Court (504-658-9397), Municipal Court (504-658-9700).

In conclusion, the cost of an expungement in Louisiana is capped at $550, with reduced fees available for first-offense marijuana possession ($300). However, fee waivers and exemptions can eliminate these costs entirely for qualifying individuals, including those who cannot afford the fees through In Forma Pauperis status, human trafficking victims, wrongfully convicted individuals, and certain juvenile offenders. Because all fees are nonrefundable, it is essential to confirm eligibility before filing and paying any costs.